A Treasury Secretary performing an Official Government Act to benefit himself personally is unethical and criminal and should be prosecuted to the fullest extent of the Law.
More legal theories? Where have I heard this before...
If Paulson Becomes Treasury Secretary, he would be required to divest all GSE holdings while serving.
He wouldn't have to sell them, just lock them up in a trust somewhere.
I also see that nothing you said argues against the senior-to-common conversion, which is a far greater threat to legacy common shareholders.